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*Says Aikpokpo-Martins got it all wrong
*Says Calling For Division of Nigeria is not a treason
*Says Aikpokpo-Martins has done violence to Nigerian
Constitution

image image

The Vice President of the African Bar Association (North
America) and former President, Canadian Association of Nigerian
Lawyers, Mr. Kingsley I. Jesuorobo has reacted to the statement of
the Vice-President of the Nigerian Bar Association, Mr. John
Aikpokpo-Martins titled “STIRRING THE HORNET’S NEST; THE
MEN’S REA”
wherein Aikpokpo-Martins argued that any
President of Nigeria is constitutionally bound to crush
secessionists like Nnamdi Kanu and Sunday Adeyemo, alias Sunday
Igboho.

image

Jesuorobo, who happens to be a lawyer called to both Canadian
and Nigerian Bar, in a “BRIEF REJOINDER ” said, “The 1st VP of the
NBA got it all wrong!”

According to Jesuorobo, it is not treasonable to call for
dismemberment of Nigeria provided it is done peacefully.

He said, “in as much as I personally prefer Nigeria to remain as
one, it is legally, logically and morally erroneous to deem calls
or agitations for the dismemberment of the country to be inherently
treasonable.

“Calls for separation or division of the constituent parts of
Nigeria, as long as they are expressed peacefully, fall within the
constitutionally guaranteed freedoms of thoughts and expressions of
the citizens who do so.”

He said if Mr. Aikpokpo’s offering were to be explored logically
and contextually, it would criminalize any call for constitutional
amendment; given that, apparently to Aikpokpo-Martins, the
constitution is “inalterably sacrosanct.”

“It would mean that anyone who canvasses for change from the
constitutional status quo is guilty of treason! His logic, when
scrutinized, ensnares anyone who dares as much as to propose an
amendment of the constitution, even when such proposition is in
line with the dictates of the constitution itself,” he added

Jesuorobo described as defective the argument put up by
Aikpokpo-Martins that “the president is constitutionally bound to
crush” such “agitations”. He likened it to call for extrajudicial
action by Federal Government against the citizens. He said every
person is entitled to right to fair hearing and presumed to be
innocent.

“I am unable to conclude this short rejoinder without addressing
the aspect of Mr. Aikpokpo’s comments that justifies a denial of
constitutional protection to separatists and/or that claims that
‘the President is constitutionally bound to crush’ such
‘agitations’ This line of reasoning is also defective. It is
predicated on a flawed premise, namely, that anyone accused of
constitutional infractions ought to be treated outside of
constitutional confines.

“This, in essence, suggests Mr. Aikpokpo’s endorsement of
extrajudicial actions on the part of the State purportedly in
defence of the constitution. Nowhere in the Nigerian constitution
is the right to fair hearing denied to anyone! Instead, the right
to fair hearing is guaranteed for every person in line with the
presumption of innocence of the accused.” Jesuorobo said

He included that Aikpokpo-Martins’ article has done grave
violence to the Nigerian Constitution, particularly, sections 33
and 34 thereof.

“In conclusion, it is safe and sound to say that Mr. Aikpokpo’s
article, which he may have conceived as an offering in defence of
the Nigerian constitution, unfortunately, ends up doing extreme
violence to the intent, letter and spirit of the same constitution,
particularly the provisions of sections 33 through 40 of the
Constitution of the Federal Republic which guarantee fundamental
rights and freedoms to every person in Nigeria.” he said

*Says Aikpokpo-Martins got it all wrong
*Says Calling For Division of Nigeria is not a treason
*Says Aikpokpo-Martins has done violence to Nigerian
Constitution

image image

The Vice President of the African Bar Association (North
America) and former President, Canadian Association of Nigerian
Lawyers, Mr. Kingsley I. Jesuorobo has reacted to the statement of
the Vice-President of the Nigerian Bar Association, Mr. John
Aikpokpo-Martins titled “STIRRING THE HORNET’S NEST; THE
MEN’S REA”
wherein Aikpokpo-Martins argued that any
President of Nigeria is constitutionally bound to crush
secessionists like Nnamdi Kanu and Sunday Adeyemo, alias Sunday
Igboho.

image

Jesuorobo, who happens to be a lawyer called to both Canadian
and Nigerian Bar, in a “BRIEF REJOINDER ” said, “The 1st VP of the
NBA got it all wrong!”

According to Jesuorobo, it is not treasonable to call for
dismemberment of Nigeria provided it is done peacefully.

He said, “in as much as I personally prefer Nigeria to remain as
one, it is legally, logically and morally erroneous to deem calls
or agitations for the dismemberment of the country to be inherently
treasonable.

“Calls for separation or division of the constituent parts of
Nigeria, as long as they are expressed peacefully, fall within the
constitutionally guaranteed freedoms of thoughts and expressions of
the citizens who do so.”

He said if Mr. Aikpokpo’s offering were to be explored logically
and contextually, it would criminalize any call for constitutional
amendment; given that, apparently to Aikpokpo-Martins, the
constitution is “inalterably sacrosanct.”

“It would mean that anyone who canvasses for change from the
constitutional status quo is guilty of treason! His logic, when
scrutinized, ensnares anyone who dares as much as to propose an
amendment of the constitution, even when such proposition is in
line with the dictates of the constitution itself,” he added

Jesuorobo described as defective the argument put up by
Aikpokpo-Martins that “the president is constitutionally bound to
crush” such “agitations”. He likened it to call for extrajudicial
action by Federal Government against the citizens. He said every
person is entitled to right to fair hearing and presumed to be
innocent.

“I am unable to conclude this short rejoinder without addressing
the aspect of Mr. Aikpokpo’s comments that justifies a denial of
constitutional protection to separatists and/or that claims that
‘the President is constitutionally bound to crush’ such
‘agitations’ This line of reasoning is also defective. It is
predicated on a flawed premise, namely, that anyone accused of
constitutional infractions ought to be treated outside of
constitutional confines.

“This, in essence, suggests Mr. Aikpokpo’s endorsement of
extrajudicial actions on the part of the State purportedly in
defence of the constitution. Nowhere in the Nigerian constitution
is the right to fair hearing denied to anyone! Instead, the right
to fair hearing is guaranteed for every person in line with the
presumption of innocence of the accused.” Jesuorobo said

He included that Aikpokpo-Martins’ article has done grave
violence to the Nigerian Constitution, particularly, sections 33
and 34 thereof.

“In conclusion, it is safe and sound to say that Mr. Aikpokpo’s
article, which he may have conceived as an offering in defence of
the Nigerian constitution, unfortunately, ends up doing extreme
violence to the intent, letter and spirit of the same constitution,
particularly the provisions of sections 33 through 40 of the
Constitution of the Federal Republic which guarantee fundamental
rights and freedoms to every person in Nigeria.” he said

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